Activities of Gwendoline DELBOS-CORFIELD related to 2021/0241(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on information accompanying transfers of funds and certain crypto-assets (recast)
Amendments (7)
Amendment 122 #
Proposal for a regulation
Recital 29
Recital 29
(29) The crypto-asset service provider of the originator should ensure that transfers of crypto-assets are accompanied by the name of the originator, the originator’s account number, where such an account exists and is used to process the transaction, and the originator’s address, official personal document number, customer identification number or date and place of birth. The crypto-asset service provider of the originator should also ensure that transfers of crypto-assets are accompanied by the name of the beneficiary and the beneficiary’s account number, where such an account exists and is used to process the transaction. The crypto-asset service provider of the originator could be allowed to refrain from transmitting such information when adequate safeguards for ensuring respect of data protection, of the principle of the rule of law and of fundamental rights cannot be ensured.
Amendment 132 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) In view of the current lack of common standards and infrastructures necessary to comply with the obligations set out in this Regulation, and in order to ensure a level playing field between crypto-asset service providers operating in this eco-system, especially SMEs and start-ups, competent authorities could grant crypto-asset service providers an additional transitional period to comply with this Regulation, where duly justified by the lack of technological capability and the scale of operations of the obliged entity.
Amendment 235 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The information referred to in paragraphs 1 and 2 does not have to be attached directly to, or be included in, the transfer of crypto-assets. shall be submitted in a secure manner and previously, simultaneously or concurrently with the transfer of crypto-assets provided that either of the following applies: (a) the crypto-asset service provider of the beneficiary is a regulated entity established within the Union; (b) the crypto-asset service provider of the beneficiary is established in a third country and is able to receive and retain the information required under this Regulation and applies adequate safeguards for ensuring data protection within the meaning of Chapter V of Regulation (EU) 2016/679. 4a. However, where the crypto-asset service provider of the originator knows, suspects or has reasonable grounds to suspect that the crypto-asset service provider of the beneficiary does not apply adequate safeguards for ensuring data protection, the crypto-asset service provider of the originator shall proceed with the execution of the transfer without transmitting the information referred to in paragraph 1 and 2. 4b. Where the crypto-asset service provider of the originator knows or has reasonable grounds to believe that the crypto-asset service provider of the beneficiary, wherever established, is owned, managed or in anyway controlled by or accessible to a government entity, within the meaning of Article 2(b) of Regulation (EU, Euratom) 2020/2092, where clear risks of serious breaches of the principle of the rule of law or serious fundamental rights violations have been identified, the crypto-asset service provider of the originator shall proceed with the execution of the transfer without transmitting the information referred to in paragraph 1 and 2. 4c. Such information shall however be retained by the crypto-asset service provider of the originator. The service provider of the originator shall inform competent authorities of the execution of the transfer without delay and make the information available to them upon request. 4d. The information referred to in paragraph 1, points (a) and (c), and paragraph 2, point (a), shall not be attached directly to, or included in, the transfer of crypto-assets.
Amendment 254 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 313 #
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21 a Cooperation among competent authorities The exchange of information among national competent authorities and with relevant third country authorities under this Regulation is subject to the provisions laid down in Directive (EU) 2015/849. Without prejudice to the provisions on cooperation contained in that Directive (EU) 2015/849, Member States shall ensure that the exchange of information among national competent authorities and with third countries authorities is conducted in accordance with the rule of law and the fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union.
Amendment 334 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Review Clause By ... [two years from the date of application of this Regulation], the Commission shall submit to the European Parliament and to the Council a report on the application and enforcement of this Regulation accompanied, if appropriate, by a legislative proposal. The report shall also include an assessment of the impact of the measures provided for in this Regulation on data protection, as well as an assessment of the need and effectiveness of introducing a de minimis threshold related to the set of information accompanying transfers of crypto-assets as per wire transfers.
Amendment 336 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Transitional provisions 1. Where, due to the lack of technological capability, an obliged entity is unable to comply with the requirements laid down under this Regulation, it may request the competent authority to grant an additional transitional period to comply with the Regulation, provided that such request is duly justified. 2. The competent authority, after consultation of the EBA, may grant a transitional period up to 6 months, on a case-by-case basis, where duly justified by the lack of technological capability and the scale of operations of the obliged entity, and may require compensatory measures to restrict certain transfers of crypto-assets.